Powell charged in March hit and run

COLDWATER — Dustin Powell got a break in 2010, but now faces up to life in prison after he left the scene of a serious injury accident.

Powell, 21, of Union City was arraigned on the five-year felony after he left the scene of a serious injury accident at Girard and Olds roads March 24. Because of prior convictions, Branch County Prosecutor Ralph Kimble has filed against Powell as an habitual offender, which carries life in prison as a maximum penalty.

Powell's 1999 Dodge Ram truck and a car driven by Scott Sheltz of Dunks Road hit head-on in the accident, leaving Sheltz trapped with fractured legs and ribs and a closed head injury. The roof of the car had to be peeled open to free him. He was airlifted from the wreck to Borgess Medical Center in Kalamazoo.

Sheltz is still in recovery. His home burned earlier this month.

Powell was gone when rescue personnel and police arrived at the accident scene, but his wallet was nearby and his cellphone was in the Sheltz's vehicle.

A witness came forward who said Powell was at a home where he discussed the wreck with others.

Powell told Branch County District Magistrate -Judge David Coyle during a video arraignment, "I don’t remember what happened."

He claimed he woke up in a house after the head-on crash, then went to Community Health Center of Branch County in Coldwater where he was treated for a concussion and collapsed lung.

Powell was also charged for driving in violation of restrictions, which allowed him to drive only to and from work. He told Coyle he was heading to work at Randall Foods in Tekonsha for a 3 a.m. shift when the accident occurred.

Sheltz was also on his way to work.

Coyle continued bond for Powell at $100,000 and set a preliminary exam for May 2.

In April 2010 Branch County Circuit Judge Bill O’Grady gave Powell a break, deciding against a prison sentence and opting for two years probation and a suspended 12-month jail sentence.

In that case, Powell broke into a Union City apartment and beat Victor Burns because "I thought I could do it, get away with it" after Burns made statements about him.

Powell pleaded guilty to home invasion and aggravated assault. He also had an assault in Battle Creek, his third felony during the same time.